7

RIGHT TO FREEDOM OF RELIGION IN ISLAM

Atique Tahir *

Ataullah Khan Mahmood **

Most of the Western thinkers are of the considered opinion that Islam

opposes freedom of religion. They are of the view that the only obligation

of a true believer in Islam is to just have a blind faith on whatever is revealed

unto him through the Messengers and to obey what is laid down in it,

without any rationale and reservation. But the true understanding of

Shar┘‘ah speaks otherwise. The Qur’ãn, the book of Islam, not only declares

it explicitly that there is no Compulsion in Islam, rather it considers it as the

basic right of individuals to express their views and rationalize what they

believe.

Freedom of choice is one of the greatest gifts of Allah Almighty for the

mankind. Islam believes in the choice of faith by the free will of person and

does not compel the others to profess Islam under coercion, duress or

compulsion, but leaves it at the discretion of every individual either to

accept it or reject it at his own free will, without any compulsion.

The Muslim scholars have consensus on the issue that a non-Muslim

cannot be forced to embrace Islam except with his free will and choice.

Neither the Qur’ãn nor the Sunnah of the Messenger of Islam (SAW)

approves it to compel the people to profess Islam by threat or compulsion.

Thus in Islamic state no one has the right, neither the government itself nor

any person under the authority of the government to coerce people to

profess Islam. The Islamic state is under religious obligation to provide its

citizens –either Muslim or non-Muslim a protection to lead their lives

according to their faith of choice1

* Associate Professor, Faculty of Shar┘‘ah and Law, International Islamic University,

Islamabad, Pakistan

** Assistant Professor (Law), Faculty of Shar┘‘ah and Law, International Islamic University,

Islamabad, Pakistan

Jihāt al-Islām Vol.8 (January – June 2015) No.2

8

In Islam belief is considered as the concern of an individual choice. It is left

to every individual to accept or reject it by his own choice and free will. A

man’s faith under coercion, threat or use of force is unacceptable by

Shar┘‘ah2

.

In fact, Islam appears to afford a high degree of freedom to all kinds of non-

Muslim communities. Islam gives this right to all human beings, either they

are Muslims or non-Muslims, citizens of an Islamic state or not. The solemn

words, in which the Qur’ãn proclaims this principle, are unique in religious

literature3

The teachings of Qur’ãn and Sunnah of the Messenger (SAW), the conduct

of the companions of the Messenger of Allah (RA) and of the whole ummah

of Muhammad (SAW) is evident of it that throughout the history of

Muslims non-Muslims were not compelled to embrace Islam by coercive

measures. The Holy Qur’ãn makes it crystal clear that that the people have

full right of choice in accepting or rejecting something as their faith.

The Qur’ãnic proclamation sufficiently demonstrates that Islam gives the

right of freedom of conscience and conviction to all and it is totally against

compulsion and coercion in matters of religion. No one is authorized to

force his religious beliefs on others. The right to exercise free choice in

matters of belief is unambiguously endorsed by many of the ayat of the

Qur’ãn. Some of its ┐yah in this regard are as follows:

”تبين الرشد من الغيال إكراه في الدين قد ““There is no compulsion in religion. Surely the right direction

has become distinct from error”4

.

The above mentioned ayah of the Holy Qur’ãn may well be interpreted in

the light the statement made by Ibn Kath┘r, a well-known commentator of

the Qur’ãn. He speaks on the subject as follows:

:stands for that (There is no compulsion in religion) ”ال إكراه في الدين“

"Do not force anyone to become Muslim, for Islam is plain and

clear, and its proofs and evidence are plain and clear. Therefore,

there is no need to force anyone to embrace Islam. Rather, to

whom Allah directs to Islam, opens his heart for it and

enlightens his mind, will embrace Islam with certainty. Whoever

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9

Allah blinds his heart and seals his hearing and sight, he will not

benefit from being forced to embrace Islam”5

Syed Ab┴l A’la Al Ma┴d┴d┘ while commenting on this ayah states that:

“The ┐yah means that the system of Islam, embracing belief,

morals and practical conduct cannot be imposed by compulsion.

These are not things to which people can be yoked forcibly”6

Other relevant ┐yat of the Qur’ãn on the subject under discussion are as

follows:

”رسولنا البالغ المبينوأطيعوا الله وأطيعوا الرسول واحذروا فإن ت وليتم فاعلموا أنما على ““And obey Allah and obey the Messenger and be cautious. But if

you turn back then know that the duty of Our Messenger is only

a clear deliverance of the message”7

”ماعلى الرسول اال البالغ واهلل يعلم ماتبدون وماتكتمون“ “The Messenger’s duty (i.e. Our Messenger Muhammad SAW

whom we have sent to you, (O mankind)) is but to convey (the

Message). And Allah knows all that you reveal and all that you

conceal”8

“أفانت تكره الناس حتى يكونوا مؤمنين ” “So if they dispute with you, say ‘I have submitted my whole self

to Allah, and so have those who follow me.’ And say to the

People of the Scripture and to the unlearned: ‘Do you also submit

yourselves?’ If they do, then they are on right guidance. But if

they turn away, your duty is only to convey the Message. And in

Allah’s sight are all of His servants.”9

فإن .وقل للذين أوتوا الكتاب والميين أأسلمتم .فإن حاجوك ف قل أسلمت وجهي لله ومن ات ب عن . والله بصير بالعباد .وإن ت ولوا فإنما عليك البالغ .أسلموا ف قد اهتدوا

The Messenger’s duty is but to proclaim (the Message)10

It is pertinent to mention here that the above mentioned ayat (Nos.

3:20&5:99 ) of the Holy Qur’ãn were revealed in Madinah, where the

Muslims were in power.

“ وقل الحق من ربكم فمن شاء فليؤمن ومن شاء فليكفر“

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“And say: The truth is from your Lord, then whosoever wills, let

him believe; and whosoever wills let him disbelieve”11

.

أفأنت تكره الناس حتى يكونوا مؤمنين .ولو شاء ربك لمن من في الرض كلهم جميعا “If it had been your Lord’s will, all of the people on Earth would

have believed. Would you then compel the people so to have them

believe?”12

وما انت عليهم بوكيل .وما جعلنك عليهم حفيظا “We have not made you their keeper, nor are you (of your

own choice) a guardian over them13

قوم ارءي تم ان كنت علي ب ي نة من ربي وا يت عليكم ان لزمكموها وان تم لها قال ي تىني رحمة من عنده ف عم كرهون

(Noah to his people) He (Noah) said "O my people! think over it!

If 1 act upon a clear direction from my Lord who has bestowed on

me from Himself the Merciful talent of seeing the right way, a

way which you cannot see for yourself, does it follow that we can

force you to take the right path when you definitely decline to

take it?14

فان ت ولوا فانما عليك الب لغ المبين“But if they turn away from you, (O Messenger remember that)

your only duty is a clear delivery of the Message (entrusted to

you)”15

.

ارسلنك عليهم وكيال وما“We have not sent you (Unto men O Prophet) with power to

determine their Faith”16

.

الرسول اال الب لغ المبين وما علي “The Messenger duty is only to preach the clear(message)”

17

نا اال الب لغ المبين قالوا رب نا ي علم انا اليكم لمرسلون وما علي “(Three Messengers to their people)Said (the Messengers), Our

Sustainer knows that we have indeed been sent unto you, but we

are not bound to more than clearly deliver the Message entrusted

to us”18

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ها وما انت عليهم انا ان زلنا عليك الكتب للناس بالح ق فمن اهتدى فلن فسه ومن ضل فانم ا يضل علي بوكيل

“Assuredly, We have sent down the Book to you in right form for

the good of man. Whoso guided himself by it does so to his own

advantage, and whoso turns away from it does so at his own loss.

You certainly are not their keeper”19

فان اعرضوا فما ارسلنك عليهم حفيظا ان عليك اال الب ل غ “But if they turn aside from you (do not get disheartened), for We

have not sent you to be a keeper over them; your task is but to

preach ....”20

ين ولم يخرجوكم من دياركم ان ت ب ر ه عن الذين لم ي قاتلوكم في الد هىكم الل وهم وت قسووا اليهم ان ال ي ن ه يحب المقسوين الل

“Allah forbids you not, with regard to those who fight you not for

(your) Faith nor drive you out of your homes, from dealing

kindly and justly with them: for Allah loveth those who are just”21

ه واطي عوا الرسول فان ت وليتم فانما علي رسولنا الب لغ المب ين واطي عوا الل“Obey God then and obey the Messenger, but if you turn away

(no blame shall attach to our Messenger), for the duty of Our

Messenger is just to deliver the message”22

ه وانما انا نذي ر مبين قل انما العلم عند الل“Say, the knowledge of it(hereafter) is verily with God alone, and

verily I am but a plain warner”23

In the light of these Ayat of the Holy Qur’ãn Fathi Uthman expresses his

views as:

“Islam rejects compulsion even if it be the only way to Islam

itself... for worshipping Allah and the enforcement of His law

cannot be properly achieved unless man is free from fear ...,.”24

Islam asks his followers to fight against religious persecution and help the

persecuted by granting them safe passage and even asylum if they demand it.

بأن هم ق وم ال وإن أحد من المشركين استجارك فأجره حتى يسمع كالم الله ثم أبلغه مأمنه ذلك “ "ي علمون

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“If one amongst the pagans asks them for asylum grant it to him

so that he may hear the Word of Allah and then escort him to

where he can be secure”.25

Islam not only forbids coercion in the matter of faith but the use of abusive

language against the deities of other religions is also prohibited.

The Qur’ãn states in this regard as follows.

”وال تسبوا الذين يدعون من دون الله ف يسبوا الله عدوا بغير علم ““And insult not those whom they worship besides Allah, lest they

insult Allah wrongly without knowledge”26

The above mentioned ┐yat of the Holy Qur’ãn speak about one of the

fundamental truths of Islam that no one can be compelled to embrace Islam,

except without his free will. In the light of such and other teachings of Islam

Muslims are under obligation not to force any one to enter into Islam

without his free will and conscience. The history is evident of it that on the

basis of aforesaid teachings of Islam the non-Muslim community has

enjoyed their religious freedom and practiced their religious beliefs under

the Muslims states throughout the history of Muslims.

Islam respects other religions and enjoins tolerance towards them. That is

why, Dhimmis (non-Muslims)in Islamic regimes always enjoyed complete

protection in respect of their life, property and religion. They had full

liberty to practice their religion as they liked27

History bears witness that Islam has spread through preaching and not by

force or sword. The Messenger Muhammad (SAW) was sent with the

mission of only plain conveyance of the message of Allah. Whether anyone

believes or not, was not his responsibility. So no one can be forced to accept

Islam against his free will. None can produce even single example of forced

conversion to Islam during the reign of the Messenger (SAW) and the

rightly guided caliphs.28

The extent to which regard was paid to this principle can be observed by

instances from the history of the Righteous Caliphate. Ashaq was a

Christian slave of Hazrat Umar whom he often persuaded to accept Islam.

When he refused, Hazrat Umar could only say:

”اذهب حيث شئت: لما حضرته الوفاة أعتقه وقالال إكراه في الدين “

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“There is no compulsion in religion". “He freed the slave before

his death and said: "you are free to go anywhere"29

Other religions owed their expansion to some mighty emperors and

powerful rulers; Christianity had its Constantine, Buddhism its Asoka and

Zoroastriansm its Cyrus, each lending to his chosen cult the mighty force of

secular authority; not so Islam30

A student of history knows that when the Crusaders captured Jerusalem

they killed the Muslims mercilessly and demolished the mosques; including

the “mosque of Umar. But when Salauddin, defeated the Crusaders and

recaptured Jerusalem, he granted general amnesty to the Christians and left

their churches unmolested. Herein lies the basic difference between Jihad

and other wars31

Regarding religious rights of non-Muslim, Islam extends to them full

freedom to observe their respective religions.It ensures all types of social

rights to non-Muslims. Non-Muslims enjoy full security of their lives and

properties. Similarly, they enjoy full rights of educational facilities. They

also have maximum political rights32

This order is not merely limited to the people of the Scriptures, but applies

with equal force to those following other faiths33

Muslims are enjoined to invite people to embrace Islam, but no force will be

applied in order to compel them to accept it. Whoever accepts it he does so

by his own choice. Muslims will welcome such a convert to Islam with open

arms and admit him to their community with equal rights and privileges.

But if somebody does not accept Islam, Muslims will have to recognize and

respect his decision, and no moral, social or political pressure will be put on

him to change his mind. Islam does not prohibit people from holding debate

and discussion on religious matters, but it wants that such discussions should

be conducted in decency.The Qur’ãn says in this regard as:

“وال تجادلوا أهل الكتاب إال بالتي هي أحسن ““Do not argue with the people of the Book unless it is in the

politest manner”34

The precedent and attitude of the Rightly-Guided Caliphs reflects the

correct understanding of the norms of the Shari ah which clearly recognize

Jihāt al-Islām Vol.8 (January – June 2015) No.2

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the freedom of religion and proscribe all oppression and violation of the

integrity of this freedom35

All the rightly guided caliphs strictly followed the said principle of freedom

in its true letter and spirit. Once a Christian woman came to the second

Caliphs of the Muslims,Umar ibn Al-Khattab, whom he gave the invitation

of Islam, which was refused by her.On becoming conscious of it that the

invitation by him for Islam might not be taken by her as compulsion, he

immediately spoke as:

“O my Lord, I did not intend to compel her, as I know that there

is no compulsion in Islam”36

The Muslim jurists have developed a consensus on the issue that confession

to faith is not valid if it is made under compulsion or without the free will

of the believer37

In this regard Ibn Qudamah is of the view that a non-Muslim dhimmi will

not be treated as a Muslim unless it will be established that he has embraced

Islam with his own choice. Thus in case of the death of such a person he will

be considered a non-Muslim until it is proved that no compulsion was made

to force him to embrace Islam38

The aforesaid mentioned views of Islamic Jurists are also endorsed by the

Universal Islamic Declaration and a recent International Conference on

Islamic law, both of which reached to a similar conclusion that everyone is

free to have a faith of his own choice and cannot be compelled to embrace a

religion under compulsion39

There are two important aspects encompassing the whole some concept of

religious freedom in Islam, need to be academically discussed in its correct

perspective, which are Apostasy and a right to fight with the people unless

and until they embrace Islam with the declaration of Tow hid.(Oneness of

Allah)40

Concerning the issue of Apostasy all the Rightly Guided Caliphs of the

Messenger of Allah have the consensus on the issue of Apostasy and its

punishment. The majority of the classical juristic opinion, based on the

Qur’ãnic injunctions and traditions of the Messenger of Allah [SAW],

mandate death as the penalty in case of Apostasy41

.

Among the contemporary scholars of Islam Dr. Mu╒ammad ╓am┘dullah,

Dr. B┴═┘, Ab┴l A’la Al Ma┴d┴d┘, Dr. Y┴suf al-Qara╔awi, Dr.S.M Rizvi and

RIGHT TO FREEDOM OF RELIGION IN ISLAM

15

many others are of the same view as that of the rightly guided Caliphs and

of the classical jurists of Islam.

In this regard Dr. Mu╒ammad ╓am┘dullah while justifying the penalty of

death for Apostasy in Islam speaks as:

"The basis of Muslim polity being religious and not ethnological

or linguistic, it is not difficult to appreciate the reason for

penalizing this act of Apostasy. For it constitutes a politico-

religious rebellion. The greater the harm of a given rebellion to a

polity, the greater is the severity of repression. Every civilization,

not the least the Modern Western one-both in the communistic

and capitalistic manifestations- has provided capital punishment

against violating the integrity of what it considers its very raison

d'etre; and one cannot deny that right to Islam. As an Independent

organic community, Islam will have the liberty to determine what

points should be dearer to it: colour of one's skin, language spoken

by its subjects, ideology which animates its existence. As a passing

remark, let us recall that the Byzantine law of the epoch of the

Messenger also punished with death the Apostasy from the

Byzantine sect of Christianity"42

In the view of Dr. B┴═┘;

“Apostasy is one of the extreme kinds of Haraba because it makes

other people doubtful in their belief in the Islamic ideology. He

said that Apostasy deceits Islam and the Muslims so an apostate is

punished in order to nip the evil in the bud”.43

Ab┴l A’la Al Ma┴d┴d┘, one of the most influential religious thinkers of the

Muslim World in the 20th century, criticizing the lucid understanding of the

law of Apostasy, by the Modern ethnologists and legal experts states that:

“Islam is not a religion but a whole way of life. It claims absolutely

that only true way, ideology and civilization for human race is

that which it holds itself. It thinks itself the right and the best way

to salvation and other religions as leading men astray to an eternal

doom. He thinks an apostate is like a man who is going to commit

suicide so the Divine Law prohibits him forcefully. To become a

renegade is not an individual "right" according to him. He declares

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this matter as awkward and subject of state interference as

robbery, prostitution, using narcotics and getting poison”.44

He further states in this regard that:

"To copy the consecutive writings of all the lawyers from the first

to the fourteenth century A.H. would make our discussion very

long. Yet we cannot avoid mentioning that however much the

four Schools of Law may differ among themselves regarding the

various aspects of this problem, in any case all four Schools

without doubt agree on the point that the punishment of the

apostate is execution."45

Strengthening his point of view on the issue he gives the example of the laws

of states such as the United Kingdom and United States of America where a

person being disloyal to the state (the King) is guilty of high treason,

deserving the punishment of death. In an Islamic State in which the

sovereignty belongs to Allah, a person negating his belief in Him commits

High Treason against Allah and thus should be punished by death penalty.

This is the exclusive right of Islam because it is the only true religion of

Allah.46

Another well-known Muslim Egyptian scholar Dr. Y┴suf al-Qara╔awi

asserts that:

"The duty of the Muslim community — in order to preserve its

identity — is to combat Apostasy in all its forms and wherefrom it

comes, giving it no chance to pervade in the Muslim world."

Similar to Maulana Ab┴l A’la Al Ma┴d┴d┘, he also claims Ijm┐‘ on

this: "That is why the Muslim jurists are unanimous that apostates

must be punished. ... Apostasy is a criminal act."47

Essentially the same arguments are given by a Sh┘‘ah Islamic scholar, Sayyid

Muhammad Rizvi. His views in this regard seem to be convincing and

logical which require to be discussed in some detail.

In support of his reasoning that the death penalty is to be imposed upon an

apostate he argues that:

“The Qur’ãn clearly says that, “There is no compulsion in the

religion.” (2:256)

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What this verse actually means is that:“There is no compulsion in

[accepting] the religion [of Islam] …no one can be forcefully brought into

the fold of Islam; Islam cannot be imposed on any person or society…Once

a person enters into the fold of Islam, the rules change. As soon as you

become a Muslim by your own choice, you are expected to submit yourself

to Allãh totally and completely. “O You who believe! Enter into

submission,kãffatan!” (2:208) Kãffatan gives the sense of “all” and

“completely”. Once a person becomes a believer, he surrenders the right of

making decisions to Allãh and the Messenger: “No believing man and no

believing woman has a choice in their own affairs when Allãh and His

Messenger have decided on an issue.” (33:36) Even the question of Apostasy,

irtidãd or deserting of one’s faith, for a Muslim, is a religious (shar‘i) issue

and even in this issue he is governed by the laws of Islam. And Islam clearly

says: No! You cannot become an apostate. After coming into the fold of

Islam, rejection of the fundamentals is not tolerated. If there are doubts in

your mind about the fundamental beliefs of Islam, then question, discuss,

debate, study, and solve them BUT you are not allowed to leave Islam or

desert your own fitra!48

Speaking on the logic why does Islam not allow Apostasy? he argues that:

“Apostasy or irtidãd in Islam is equal to treason. The Western

world limits treason to political and military terms. In the USA,

treason consists “only in levying war against Americans, and in

adhering to their enemies, giving them aid and comfort.”

However, sometimes even the Western world stretches the

concept of political treason to include things which are non-

political or non-military matters. For example, in England, treason

includes violating the King’s consort, or raping the monarch’s

eldest married daughter, as well as the sexual violation of the wife

of the eldest son and heir. Even now, “polluting” the Royal

bloodline or obscuring it is included in the definition of treason.

Why has England included such non-political and non-military

matters in treason? It has done so because the Royal family and the

purity of its bloodline is one of the most significant parts of the

British society and culture. In Islam, the concept of treason is not

limited to political and military aspects; it also has a spiritual and

cultural dimension to it. In the Islamic order of sacredness, Allah,

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18

then the Messenger, and then the Qur'ãn occupy the highest

positions. Tawhid, nubuwwa, and qiyãma form the constitution

of Islam. Just as upholding and protecting the constitution of a

country is sign of patriotism, and undermining it is a form of

treason - in the same way open rejection of the fundamental beliefs

of Islam by a Muslim is an act of treason. Apostasy, i.e., the public

declaration of rejecting the fundamentals of Islam, has also

negative influence on the Muslim society; it is indeed a major

fitna. And that is why Islam has prescribed harsh punishment for

irtidãd”49

It is pertinent to correctly interpreting in true perspective whereby the

Messenger (SAW) states that:

أمرت أن أقاتل الناس حتى يشهدوا أن ال إله إال اهلل وأن محمدا رسول اهلل فإذا فعلوا ذلك عصموا مني دمائهم وأموالهم

“I have been ordered to fight with the people until they embrace

Islam or words to that effect.”

In depth insight of this Hadith suggests that Islam is not prone to fight with

those who would remain peaceful and do not demonstrate any nuisance and

disruption in the order of society. This narration does not reflect coercion

or forcibility towards accepting Islam, However Islam while capturing a

particular territory would certainly establish its own order and will allow

non believers to continue living there as Dhimm┘ and pay Jizya. As long as

they pay Jizyah, security and protection of their life and property would

remain the responsibility of the state.

Incorporation of Religious Freedom in the Constitutions of

Muslim Countries

Under the influence of aforesaid teachings of Islam the Muslims states have

also given recognition to the rights of non-Muslims in their states and at

present almost all the Muslim states have incorporated the provision that

everyone has the right to have a faith of his own choice and no one can be

compelled or forced to have a faith against his will. In this regard a brief

study of some important Muslim countries is as follows:

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The Constitution of Afghanistan with almost 100% Muslim population and

with its official state religion as Islam, while guarantying religious rights for

other religions reads as under:

“Followers of other religions are free to exercise their faith and

perform their religious rites within the limits of the provisions of

law”.50

The Constitution of Bangladesh , a thickly Muslim populated country,

while declaring Islam as the state religion, also guarantees the followers of

other religions to practice their faith. The relevant provision of its

constitution speaks on the subject as:

“The state religion of the Republic is Islam, but the State shall

ensure equal status and equal right in the practice of the Hindu,

Buddhist, Christian and other religions”51

Egypt is predominantly a Muslim population country. Its constitution

declares Islam as the state religion but it provides to the followers of all

other religions an absolute freedom to believe and practice the religion of

their own choice. The relevant provisions of the Egyptian Constitution on

the subject are as below.

“All citizens are equal before the law. They have equal public

rights and duties without discrimination due to sex, ethnic origin,

language, religion or creed”52

.And “The State shall guarantee the

freedom of belief and the freedom of practicing religious rights”53

The Iranian society is based on the norms and principles of Islam. The

Constitution of the Islamic Republic of Iran reflects the Islam in its

advanced and progressive form after its Islamic Revolution.

The official religion of Iran is Islam and the Twelver Ja'fari School.

However, the other religious schools also enjoy full respect and;

“..their followers are free to act in accordance with their own jurisprudence

in performing their religious rites. These schools enjoy official status in

matters pertaining to religious education, affairs of personal status (marriage,

divorce, inheritance, and wills) and related litigation in courts of law”54

The non-Muslim minorities in Iran have also been given constitutional

protection to practice their beliefs. However, “Zoroastrian, Jewish, and

Christian Iranians are the only recognized religious minorities, who, within

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20

the limits of the law, are free to perform their religious rites and ceremonies

and to act according to their own canon in matters of personal affairs and

religious education”55

.

The government of the Islamic Republic of Iran is under an official

obligation;

“to treat non-Muslims in conformity with ethical norms and the principles

of Islamic justice and equity, and to respect their human rights. This

principle applies to all who refrain from engaging in conspiracy or activity

against Islam and the Islamic Republic of Iran”

Malaysia a country of Muslims majority is a state of complex religion. It is a

country comprising of “28.3 million people with a 60 percent of the

population of Muslims. It has 19 percent Buddhism; 9 percent Christianity;

6 percent Hinduism; and 3 percent Confucianism, Taoism, and other

traditional Chinese religions. Other minority religious groups include

animists, Sikhs, and Bahais”56

While guaranteeing the religious freedom it constitution speaks as:

“Every person has the right to profess and practice his religion and, subject

to Clause (4), to propagate it”57

.

The Constitution further states as:

“Every religious group has the right –

(a) to manage its own religious affairs;

(b) to establish and maintain institutions for religious or charitable purposes;

and (c) to acquire and own property and hold and administer it in

accordance with law”58

.

The Saudi Arabia is a country of theocratic monarchy with Islam as its

official religion.Though its law does not permit the non-Muslims to enter

and reside in two cities of Madina and Makkah according to the Islamic

injunction, however, it does permit them to reside anywhere other than

these aforementioned cities. But no where the non-Muslim can be

compelled to embrace Islam without their will, rather they are free to

practice their religion59

.

Turkey is a country of approximately 99.0% of Muslim population,

however, with a secular state system 60

RIGHT TO FREEDOM OF RELIGION IN ISLAM

21

The remaining part of its population belongs to various beliefs and religions

i.e. Christianity Judaism, Yezidism and many other non-religious groups.

The non-Muslim minorities have constitutional protection for their rights

and religious freedom61

.

“Everyone has the right to freedom of conscience, religious belief

and conviction”62

.

“Acts of worship, religious services, and ceremonies shall be

conducted freely, provided that they do not violate the provisions

of Article 1463

.

“No one shall be compelled to worship, or to participate in

religious ceremonies and rites, to reveal religious beliefs and

convictions, or be blamed or accused because of his religious

beliefs and convictions”64

“No one shall be allowed to exploit or abuse religion or religious

feelings, or things held sacred by religion, in any manner

whatsoever, for the purpose of personal or political influence, or

for even partially basing the fundamental, social, economic,

political, and legal order of the State on religious tenets”65

The Islamic Republican of Pakistan is a state of Muslim majority with Islam

as its official religion. The Constitution of the Islamic Republic of Pakistan

(1973) states on the subject under discussion as follows:

“Subject to law, public order and morality-

(a) every citizen shall have the right to profess, practice and propagate his religion; and

(b) every religious denomination and every sect thereof shall have the right to establish,

maintain and manage its religious institutions66

The Pakistani judiciary has also played very important role in recognizing and enhancing

the idea of freedom of religion in Islam67

.

Similarly the Constitutions of Iraq, Jordan, Bahrain, Indonesia, Malaysia and many other

Muslim Countries have given recognition to the religious freedom to the individual citizens

irrespective of their faith and creed. The relevant provisions of the constitutions of such

countries are under:

Jihāt al-Islām Vol.8 (January – June 2015) No.2

22

1) “Freedom of conscience is absolute. The State guarantees the inviolability

of worship, and the freedom to perform religious rites and hold religious

parades and meetings in accordance with the customs observed in the

country”68

.

2. “The State guarantees all persons the freedom of worship, each according

to his/her own religion or belief”69

.

3. Each Iraqi has the right to freedom of thought, conscience, and religious

belief and practice. Coercion in such matters shall be prohibited70

.

4. Islam is the religion of the State and Arabic is its official Language. The

state protects religious freedom in accordance with established customs71

.

“Freedom of belief is absolute. The State protects the freedom of practicing

religion in accordance with established customs, provided that it does not

conflict with public policy or morals”72

5) “The State shall safeguard the free exercise of all forms for worship and

religious rites in accordance with the customs observed in the Kingdom,

unless such is inconsistent with public order or morality”73

.

“Every religious group has the right -(a) to manage its own religious

affairs;(b) to establish and maintain institutions for religious or charitable

purposes; and(c) to acquire and own property and hold and administer it in

accordance with law”.74

Conclusion:

The doctrine of religious freedom and liberty is embedded in the philosophy

of Islam. Islam is a great proponent of respecting the individual’s discretion

and aspiration for the adoption of a particular religion, dogma, or school of

thought. It vehemently rejects the notions of coercion and forcibility as

regards to the religious liberty. It envisages the complete freedom of

adoption of religion solely on the discretion of any person. Islam firmly

believes in appealing the individual's hearts and minds by extending its

message with convincing logics and rationale, and inviting the people to

come in its folds through peace full ways and means.

The Holy Qur’ãn unambiguously propounds the concept of free will,

either to become faithful or to become unbeliever is totally left at the

discretion of individual as the two paths have been clearly shown to the

mankind for guidance. As long as nonbelievers remain peaceful and do not

RIGHT TO FREEDOM OF RELIGION IN ISLAM

23

interfere in the state affairs they would be treated as non- combatants and

their life and property would be protected by the state.

The illusion regarding forcible embracing of Islam is fabricated propaganda

unleashed by anti Islamic forces, will not succeed to mar the true face of

Islam. Islam is the true flag bearer of religious freedom which not only

respects the dissenting views but respects the difference of opinions as well.

Notes and References

(1) Fathi 'Uthman, Huquq al-Insan Bayn al-Shari’ah al-Islamiyyah wa'l-Fikr al-Qanuni

al-Gharbi, p. 91; Al-Alusi, Ruh al-Ma'ani fi Tafsir al-Qur'an al-'Azim, V, 144

(2) Y┴suf Ali, The Holy Qur'┐n, note 5347; Ab┴ Zahrah, Tan╘┘m al-Isl┐m lil-Mujtama',

p.190; al-'Ili, al-╓urriyyah al-‘└mmah, p. 330; Ibn Qud┐mah, al-Mughn┘, VIlI, 144

(3) Muhammad Sharif Chaudhry, Human Rights in Islam, All Pakistan Islamic.

Education Congress, Lahore, 1993, p. 34-39;Tahir Mahood, The Isl┐mic Law on

Human Rights, Genuine Publications Ltd., New Delhi, 1st

Edition, 1993, Pp.53;M. I.

Patwari, Human Rights in Islamic Law and International Law: A

Comparison, Tahir Mahmood (ed.), Islamic Law on Human Rights, Genuine

Publications Ltd., New Delhi, 1st Edition 1993, p.54, 82; Allama Shibl┘

Nu‘m┐n┘ ,Al F┐r┴q , Maktaba Rahmania, Lahore, 1939p.288, 289

(4) Qur’ãn: 2:256

(5) Ibn Kath┘r,-English translation, in explanation of Ayah 256 of S┴rah Al-Baqara

(6) Towards Understanding Qur’ãn in explanation of Ayah 256 of S┴rah Al-Baqara

(7) 7.Qur’ãn:5:92

(8) Qur’ãn: 5:99

(9) Qur’ãn: 3: 20

(10) Qur’ãn :5:99

(11) Qur’ãn:18:29

(12) Qur’ãn:10: 99

(13) Qur’ãn : 6:107

(14) Qur’ãn: 11:28

(15) Qur’ãn: 16:82

(16) Qur’ãn: 17:53, 54

(17) Qur’ãn: 24:54

(18) Qur’ãn: 36:16, 17

(19) Qur’ãn: 39:41

(20) Qur’ãn: 42: 48

Jihāt al-Islām Vol.8 (January – June 2015) No.2

24

(21) Qur’ãn: 60:8

(22) Qur’ãn: 64:12

(23) Qur’ãn: 67:25, 26

(24) Fat╒┘ 'Uthm┐n, Huq┴q al-Ins┐n Bain al-Shar┘’ah al-Isl┐miyyah wal-Fikr al-Q┐n┴ni

al-Gharb┘, p. 91

(25) Qur’ãn: 9:6

(26) Qur’ãn: 6: 108

(27) M. M. Ahsan, Human Rights in Islam: Personal Dimensions, Hamdard Islamicus,

Karachi, Vol. 13, No. 3, Autumn 1990, p. 6-8; M. Cherif Bassiouni, The individual

Human Rights and Habeas Corpus Islam, Jami‘ah al Fal┐h Publications, Karachi,

July 1972, p.557 & 558

(28) Muhammad Sharif Chaudhry, Human Rights in Islam, All Pakistan Isl┐mic

Education Congress, Lahore, 1993. p.30, 31

(29) Ni╘┐m-ul Hukm fil Shar┘‘ah wal ║┐r┘kh al Isl┐m┘ Vol.1 P.58

(30) Syed Muzaffar-ud-din Nadvi, Human Rights and Obligations, S.M. Zaheerullah,

Dacca, Bangladesh, 1st

Edition, 1966, p.110

(31) Ab┴l A’la Al Ma┴d┴d┘, Human Rights in Isl┐m, Dawah Academy, International

Islamic University, Islamabad, 1998, Pp. 122; ╗ala╒udd┘n Ayy┴b┘ Wajuh┴do-hu-fil-

Qa╔a ‘Ala al-Da┴lah al-Fa═miyyah wa Tahr┘r Bait al Maqdas, Vol.2, Pp.283.

(32) Muhammad Encyclopedia of S┘rah, Vol.2, The Muslim School Trust, London, 2nd

Edition, 1985, p. 365, 366; Wasim Fateh Ullah, Al-Waj┘z fi-A╒k┐m al-Zimmah, Vol.1,

Pp.17; Ab┴l A’la Al Ma┴d┴d┘, The Islamic Law and the Constitution, Islamic

Publications Ltd., Lahore, 1969

(33) Imam Al-Shaf'i (150-204 H); Al-Umm األم, vol 4, Dar ul Ma'rifah, Beirut, Pp136; Abu

Ja'far Muhammad ibn Jar┘r al-║abar┘ ( بن جریر طبریمحمد , ║┐r┘kh al-Rusul wa al-

Mul┴k(تاریخ الرسل والملوك) or ║┐r┘kh al-║abar┘, vol 5 , Dar al Kutub al ‘Ilmiyyiah,

Beirut, Lebonon, 1st

Edition, 1407 AH

(34) Qur’ãn: 29:46

(35) Mutawalli, Mabadi', p. 287

(36) Ab┴ Zahrah, Tan╘┘m al-Isl┐m lil-Mujtama', p.190; al-'Ili, al-Hurriyyah al-`mmah, p.

330; Ibn ╓azm,al-Mu╒all┐ ,1:196 Ibn ╓ajar in Taghl┘q al-Ta`l┘q (2:131)

(37) al-'Ili, al-╓urriyyah al-‘└mmah, p. 330;356; Rash┘d Ri╔a, Tafs┘r al-Man┐r XI, 484

(38) Ibn Qud┐mah, al-Mughn┘, VIlI, 144

(39) Azzam. ed., Universal Islamic Declaration, p. 11, The Islamic Council of Europe,

1981; Maududi, Islamic Law and Constitution, p. 333

(40) As it is mentioned in the Hadith that Allah’s Messenger said,

ا فا اا وا فلص واموا من أمرت أن أقاتل الناس حتى يشهدوا أن ال إله إال هللا وأن محمدا رسول هللا

دمائهم وأموالهم

“I have been ordered to fight the people till they say: La ilaha illallah (There is

no god but Allah), and whoever said La ilaha illahllah, Allah will save his

property and his life from me.”-- Sahih al-Bukhari 6924 ; Sahih Muslim 33

(41) Al-Hafiz Mu╒ammad ibn Ali al-Sha┴k┐n┘ (d.1250/1834), Nail al

A┴t┐r,Vol.8.p.4,5;Taqiudd┘n Abu al ‘Abbas A╒mad ibn Abdul ╓al┘m, Majm┴‘ah

RIGHT TO FREEDOM OF RELIGION IN ISLAM

25

Fat┐w┐ Ibn Taimiyyah, Vol.28, D┐r al ‘└lam-al-Kutub, Riyadh, Saudia Arabia, 1991,

p.565-570;Abu Bakr al-Ja╖╖┐s, A╒k┐m al Qur’ãn, Vol. 2, Dar Ihyah al Tur┐th, Beirut,

1985, pp.409;Mahmood ibn ‘Umar Imam al Zamakhshar┘, Tafs┘r al Kashsh┐f, Vol. 4,

Kutub Khana Mazharia, Karachi;lbn Kath┘r, Tafs┘r Ibn Kath┘r, Vol.1, Sha┘kh Safi-ur

Rahman al-Mubarakp┴r┘, Riyadh, Darussalam, 1st

Edition, 2000,Pp.406

(42) Hamidullah, Muhammad The Muslim Conduct of State,Sh . Muhammad

Ashraf, Lahore, 1977, Pp. 174

(43) Al B┴═┘, Mu╒ammad Said Rama╔an Al- Jih┐d fil Islam, Dar Fikr, Damascus, 1993,

Pp. 108

(44) Ab┴l A’la Al Ma┴d┴d┘ Murtad ki saza, Islamic Publications, Lahore, June 1999 Pp

.9

(45) Ibid: p .44,45

(46) Ibid: p.54-61

(47) See Fatwa of al-Qar╔awi tilted "Apostasy: Major & Minor"

(48) Syed Muhammad Rizvi, Apostasy in Islam (Irtidãd),p. 4,5

(49) Ibid: Pp. 6

(50) Article 2 (2) of the Constitution of Afghanistan

(51) Article 2A of the Constitution of Bangladesh

(52) Article 40 of the Egyptian constitution

(53) Article 46 of the Egyptian constitution

(54) Article 12 of the Constitution of the Islamic Republic of Iran

(55) Article 13 of the Constitution of the Islamic Republic of Iran

(56) International Religious Freedom Report for 2011United States Department of State

• Bureau of Democracy, Human Rights and Labor

(57) Article 11(1) of the Constitution of Malaysia

(58) Article 11(3) of the Constitution of Malaysia

(59) see Articles 5&6 of the Constitution of Saudi Arabia

(60) "Social values, Science and Technology",(PDF),Eurobarometer. June 2005

(61) United Nations Population Fund ;"Turkey", International Religious Freedom

Report for 2011, U.S, Department of State

(62) Article 24 (1) of the Constitution of turkey

(63) Article 24 (2) of the Constitution of turkey

(64) Article 24 (3) of the Constitution of turkey

(65) Article 24 (5) of the Constitution of turkey

(66) Article 20 of the Constitution of Pakistan

(67) 2014 PLD SC 699;2014 PLD SC531;2012 PLD SC 679

(68) Article 22 Constitution of Bahrain

(69) Article 29 (2) of the Constitution of Indonesia

(70) Article 13 (F) of the Constitution of Iraq

(71) Article 2 of the Libyan Constitution

(72) Article 35 of the Constitution of Kuwait

Jihāt al-Islām Vol.8 (January – June 2015) No.2

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(73) The Constitution of Jordan Article 14

(74) The Constitution of Malaysia Article 3

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